DUTY TO NOTIFY
2. A PARTY SEEKING RELIEF SHALL AS SOON AS PRACTICABLE AFTER THE IMPEDIMENT AND ITS EFFECTS
UPON HIS ABILITY TO PERFORM BECAME KNOWN TO HIM GIVE NOTICE TO THE OTHER PARTY OF SUCH
IMPEDIMENT AND ITS EFFECT ON HIS ABILITY TO PERFORM. NOTICE SHALL ALSO BE GIVEN WHEN THE
GROUND OF RELIEF CEASES.
3. THE GROUND OF RELIEF TAKES EFFECT FROM THE TIME OF THE IMPEDIMENT OR, IF NOTICE IS NOT
TIMELY GIVEN, FROM THE TIME OF NOTICE. FAILURE TO GIVE NOTICE MAKES THE FAILING PARTY
LIABLE IN DAMAGES FOR LOSS WHICH OTHERWISE COULD HAVE BEEN AVOIDED.
EFFECTS OF GROUNDS OF RELIEF
4. A GROUND OF RELIEF UNDER THIS CLAUSE RELIEVES THE FAILING PARTY FROM DAMAGES, PENALTIES
AND OTHER CONTRACTUAL SANCTIONS, EXCEPT FROM DUTY TO PAY INTEREST ON MONEY OWING AS
LONG AS AND TO THE EXTENT THAT THE GROUND SUBSISTS.
5.. FURTHER IT POSTPONES THE TIME FOR PERFORMANCE, FOR SUCH PERIOD AS MAY BE REASONABLE,
THEREBY EXCLUDING THE OTHER PARTY’S RIGHT, IF ANY, TO TERMINATE OR RESCIND THE CONTRACT.
IN DETERMINING WHAT A REASONABLE PERIOD IS, REGARD SHALL BE HAD FOR THE FAILING PARTY’S
ABILITY TO RESUME PERFORMANCE, AND THE OTHER PARTY’S INTEREST IN RECEIVING PERFORMANCE
DESPITE THE DELAY. PENDING RESUMPTION OF PERFORMANCE BY THE FAILING PARTY, THE OTHER
PARTY MAY SUSPEND HIS OWN PERFORMANCE.
6. IF THE GROUNDS OF RELIEF SUBSIST FOR MORE THAN THIRTY (30) DAYS, EITHER PARTY SHALL BE
ENTITLED TO TERMINATE THE CONTRACT WITH NOTICE.
7. EACH PARTY MAY RETAIN WHAT HE HAS RECEIVED FROM THE PERFORMANCE OF THE CONTRACT
CARRIED OUT PRIOR TO THE TERMINATION. EACH PARTY MUST ACCOUNT TO THE OTHER FOR ANY